HomeMy WebLinkAbout20151954.tiff EXHIBIT
Esther Gesick I
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#141s-r
From : Tom Parko Jr .
Sent : Monday , July 06 , 2015 7 : 47 AM
To : Esther Gesick ; Stephanie Frederick
Subject : FW : Suncor' s Requested Changes To Weld County' s Proposed Code Amendments
Attachments : Suncor' s Comments to Weld County Proposed Pipeline Regulations ( 7 . 1 . 15 ) . pdf;
DOC070115-07012015145629 . pdf
Esther ,
Good morning . Can you scan this into Tyler for the Board meeting this morning ? It ' s
associated with the Chapter 23 code changes dealing with pipelines . I sent this to the
Commissioners last week in an email but it probably should be part of the record .
Thanks !
Tom Parko , M . A .
Director of Planning Services
Weld County Dept . of Planning Services
1555 N . 17th Avenue
Greeley , CO . 80631
Office : 970 - 353 - 6100 , ext 3572
Mobile : 970 - 302 - 5333
Confidentiality Notice : This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged , confidential or otherwise protected from disclosure . If you
have received this communication in error , please immediately notify sender by return e - mail
and destroy the communication . Any disclosure , copying , distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited .
•
Original Message
From : Henderson , Christina [ mailto : CHHenderson@Suncor . com ]
Sent : Wednesday , July 01 , 2015 3 : 31 PM
To : Tom Parko Jr .
Cc : Romano , Megan ; Burnett , Lisha ; Korenblat , Michael
Subject : Suncor ' s Requested Changes To Weld County ' s Proposed Code Amendments
Tom -
Thank you for meeting with us last week to discuss Weld County ' s proposed code amendments ,
and Suncor ' s suggested edits to improve those proposed changes .
Based on our meeting and your feedback , we made a few clarification to Suncor ' s suggested
changes .
Attached please find the following :
1 . A redline showing Suncor ' s suggested changes .
2 . The agenda from our meeting on June 25th , which summarizes these suggested changes .
In addition , in support of Suncor ' s suggestion that the regulations only require that sites
be " restored " after pipeline construction in a manner to control soil erosion , dust , and
weeds ( instead of requiring pipeline companies to "maintain " the sites for such purposes ) , we
have attached an example of a Weld County easement with highlighted language that sets forth
Suncor ' s obligations to restore the property after it has finished pipeline construction .
As we discussed , pipeline companies , like Suncor , are generally responsible for restoring the
surface after construction . Afterwards , it is customary for the landowner to retain
responsibility for the maintenance of the site .
If you have any further questions , please feel free to give me a call .
Thanks ,
Christina Henderson Director , Operations & Maintenance
SUNCOR ENERGY ( U . S . A . ) PIPELINE COMPANY
Direct : 303 - 227 - 6157 I Cell : - 720 - 402 - 9385 I chhenderson@suncor . com
< mailto : chhenderson@suncor . com >
If you wish to no longer receive electronic messages from this sender , please respond and
advise accordingly in your return email .
This email and its contents are private and confidential , for the sole use of the addressees .
If you are not an intended recipient , copying , forwarding or other distribution of this email
or its contents by any means is prohibited . If you believe that you received this email in
error please notify the original sender and delete this communication and any copies
immediately .
2
Petro - Canada is a Suncor Energy business .
150 - 6th Avenue S . W . , Calgary , Alberta , Canada , T2P 3E3 ( Corporate Head Office ) /
www . suncor . com
Si vous ne voulez plus recevoir de messages electroniques de cet expediteur , veuillez l ' en
aviser en repondant a ce courriel .
Ce courriel et son contenu sont prives et confidentiels , et sont destines a l ' usage exclusif
des destinataires . Si vous n ' etes pas le destinataire prevu , toute reproduction , transfert ou
autre forme de diffusion de ce courriel ou de son contenu par quelque moyen que ce soit est
interdit . Si vous croyez avoir recu ce courriel par erreur , veuillez en aviser l ' expediteur
original et supprimer cette communication et toutes ses copies immediatement .
Petro - Canada est une entreprise de Suncor Energie .
150 - 6th Avenue S . W . , Calgary , Alberta , Canada , T2P 3E3 ( siege social ) / www . suncor . com
3
Chapter 23
ARTICLE I
General Provisions
Sec. 23- 1 -90. Definitions.
MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCIES: Public Utilities or
Public Agencies operating or constructing a mine, ELECTRIC TRANSMISSION LINES,
domestic water storage facilities, POWER PLANTS, SUBSTATIONS of electrical utilities,
wastewater treatment facilities, water treatment facilities, including extensions, expansions or
4 enlargements thereof; STORAGE AREAS of utilities providing electricity, water, wastewater,
including extension , expansions or enlargements thereof
PIPELINE: Any pipeline and appurtenant facilities designed for, or capable of, transporting
natural gas or other petroleum derivatives ten ( 10 ) inches in diameter or larger and creates a hoop
stress of twenty percent (20%) or more at their specified minimum yield strength .
ARTICE
Section 23-2-370. K. 14
Additional information required for TRANSMISSION LINES :
a. A discussion of the feasibility of utilizing any existing utility line corridors .
b . A list of the names and addresses of the utility companies which have existing
underground utility lines underlying the alternative routes .
Section 23-2-390 Drawing requirements for utility line plan maps.
A . The general drawing requirements for Utility Line Plan Maps for electric
TRANSMISSION LINES are as follows :
ARTICLE III
Zone Districts
Division 1 A (Agricultural) Zone District
Section . 23-3-40. Uses by Special Review .
1iPage
KK .. PIPELINE.
ARTICLE iI
DIVISION 6 Special Review Permits for PIPELINES
Sec. 23-2-440. Applicability.
A . Uses by Special Review are USES which have been determined to be more intense
or to have a potentially greater impact than the Uses Allowed by Right in a
particular zone district. Therefore, Uses by Special Review require additional
consideration to ensure that they are established and operated in a manner that is
compatible with existing and planned land USES in the NEIGHBORHOOD . The
additional consideration or regulation of Uses by Special Review, and the
application to a Use by Special Review of Performance, Design and Operations
Standards listed both herein and for applicable USES from any zone district, are
designed to protect and promote the health , safety, convenience and general welfare
of the present and future residents of the COUNTY .
B . The Board of County Commissioners may approve the establishment of a Use by
Special Review for PIPELINES by granting a Special Review Permit. All requests
for Special Review Permit shall be reviewed by the Planning Commission . The
Planning Commission recommendation shall be forwarded to and considered by the
Board of County Commissioners .
C . Any person filing an application for a Special Review Permit shall comply with the
COUNTY procedures and regulations as set forth herein . AnyExcep as otherwise
set forth in these regulations, any expansion or enlargement of a Use by Special
Review shall be treated as a new USE and shall require a new application under the
provisions of this Division .
D . Ordinary repairs and maintenance may be performed upon STRUCTURES
associated with a Use by Special Review so long as such repairs and maintenance do
not have the effect of expanding or enlarging the USE . Repairs} maintenance,
replacement,_and installation of PIPELINES,-- including new and different sized
PIPELINE . located within easements _onrights of way of PIPELINES approved
pursuant to, o_r_ cxempt from , these regulations shall not be treated as a new USE and
shall not require a new Special Review Permit. Changes in the USE of PIPELINES
approved pursuant to, or exempt from, these regulations shall not require a new
Special Review Permit_.
E . A Special. Review Permit shall not be required for any PIPELINES either existing or
for which construction has commenced prior to the date that these regulations were
finally adopted and published .
Wage
F . - Applications for Special Review Permits shall be completed as set forth in
Section 23 -2-500 . The complete application and application fees shall be submitted
to the Department of Planning Services .
F . The applicant shall submit one ( 1 ) paper copy of the map for preliminary approval to
the Department of Planning Services . Upon approval of the paper copy, the
applicant shall submit a Mylar map, along with all other documentation required as
Conditions of Approval . The Mylar map shall be recorded in the office of the
County Clerk and Recorder by the Department of Planning Services . The map shall
be prepared in accordance with the requirements of Subsection 23 -2- 520 of this
Article . The Mylar map and additional requirements shall be recorded within one
hundred twenty ( 120) days from the date of the Board of County Commissioners
Resolution . The applicant shall be responsible for paying the recording fee . If a Use
by Special Review (USR) map has not been recorded within one hundred twenty
( 120) days from the date of the Board of County Commissioners Resolution, or
within a date specified by the Board of County Commissioners, the Board may
require the landowner/applicant to appear before it and present evidence
substantiating that the Use by Special Review (USR ) has not been abandoned and
that the applicant possesses the willingness and ability to record the Use by Special
Review (USR ) map . The Board of County Commissioners may extend the date for
recording the map . if the Board determines that conditions supporting the original
approval of the Use by Special Review (USR) map cannot be met, the Board may,
after a public hearing, revoke the Use by Special Review (USR) .
Sec. 23-2-450. Relationship of regulations to other requirements.
Nothing in this Division shall be construed as exempting an applicant from any state or
federal laws or regulations . To the extent that any__of these .egulationsin this Division are
pre-empted, by the laws, statutes, rules or regulations of the United_States, its
agencies, including but not limited to 49 U. S.C . 60101, et. sect,,.,_these regulations in this
Division shall not apply, and the applicable federal laws. statues, rules, and regulations shall
control .
Sec. 23-2-460. Prohibition of site selection and construction without permit.
No person may locate or construct a PIPELINE in the County without first obtaining a
Special Review Permit pursuant to these regulations and , to the extent required, no Building
Permit for a PIPELINE shall be approved without the applicant first obtaining approval of a
Special Review Permit pursuant to these regulations .
Sec. 23-2-470. Duties of Department of Planning Services.
A . Any person wanting to apply for a Use by Special Review shall arrange for a
preapplication conference with the Department of Planning Services . The Department of
Planning Services shall be responsible for processing all applications for a PIPELINE in the
unincorporated area of the County. The Department shall also have the responsibility of
3IPage
ensuring that all application submittal requirements are met prior to initiating any official
action as listed below.
B . Upon determination that a submitted application is complete, the staff of the Department
of Planning Services shall :
1 . Refer the application to the following agencies, when applicable, for review and
comment. The agencies named shall respond within twenty-eight (28) days after the mailing
of the application by the COUNTY . The failure of any agency to respond within
twenty-eight (28) days may be deemed to be a favorable response to the Planning
Commission . The reviews and comments solicited by the COUNTY are intended to provide
the COUNTY with information about the proposed Use by Special Review. The Planning
Commission and Board of County Commissioners may consider all such reviews and
comments and may solicit additional information if such information is deemed necessary.
The reviews and comments submitted by a referral agency are recommendations to the
COUNTY . The authority for making the decision to approve or deny the request for a
Special Review Permit rests with the Board of County Commissioners .
a. The planning commission of any town or county whose boundaries are within
three (3 ) miles of the proposed site or if the proposed site is located within any town 's
comprehensive planning area.
b . Department of Public Health and Environment.
c . Department of Public Works .
d . Colorado Geological Survey.
e . Colorado Department of Transportation .
f. U . S . Forest Service .
g . Any irrigation ditch company with facilities within the Right of Way or crossed by
the pipeline under consideration .
h . Utility companies with underground lines which might be affected by the
DEVELOPMENT.
i . Special service districts which may provide service to the DEVELOPMENT .
j . State Engineer, Division of Water Resources .
k . Natural Resource Conservation Service .
1 . Any other agencies or individuals whose review the Department of Planning
Services deems necessary.
Wage
2 . Prepare staff comments for use by the Planning Commission addressing all aspects of
the application , its conformance with Chapter 22 of this Code and any other applicable code
provision or ordinance in effect, adopted master plans of affected municipalities, sound land
use planning practices, comments received from agencies to which the proposal was referred
and standards contained in this Chapter.
3 . Set a Planning Commission hearing date . The Board of County Commissioners
public hearing may also be set and be given legal notice and posting, concurrent with setting
of the Planning Commission hearing date and in accordance with Section 23 -2-470 . 5 or
Section 23 -2 . 470 . 6 . 2 47(1.6_.
4 . An applicant may conduct a Neighborhood Meeting with area landowners . Such
meeting is not required, but may be suggested by the Planning Services staff to encourage
communication between a land use applicant and the neighbors .
5 . For pipeline projects one ( 1 ) mile or less notice of application shall be given for
surface property owners for five hundred (500) feet on either side of the centerline of the
proposed preferred alignment, and to interest holders (excluding mineral interests) in any
real property proposed to be physically disturbed or crossed by the activity or development
which is the subject of the application . Such notification shall be mailed , first-class, no less
than ten ( 10 ) days before the scheduled public hearing . Such notice is not required by state
statute and is provided as a courtesy to surrounding property owners (the surface estate) .
Inadvertent errors by the applicant in supplying such list, or the Department of Planning
Services in sending such notice, shall not create a jurisdictional defect in the hearing process
even if such error results in the failure of a surrounding property owner to receive such
notification .
6 . Applicants for a PIPELINE which is more than one ( 1 ) mile in length shall advertise
the hearing at least once in the newspaper designated by the Board of County
Commissioners for publication of notices a minimum of ten ( 10) days prior to the Planning
Commission hearing date . The advertisement shall contain a map displaying the proposed
route, along with both the Planning Commission and the Board of County Commissioners
hearing dates, a description of the hearing, time, date and location .
7 . Prepare staff comments and recommendations for presentation at the Board of
County Commissioners hearing, addressing all aspects of the application , its conformance
with this Chapter and Chapter 22 of this Code and comments received from referral
agencies .
Sec. 23-2-480. Duties of Planning Commission .
A . The Planning Commission shall hold a hearing to consider the application for the Special
Review Permit. The Planning Commission shall provide recommendations to the Board of
County Commissioners concerning the disposition of the requested Special Review Permit. The
Planning Commission shall approve the request for the Special Review Permit only if it finds
that the applicant has met the standards or conditions of Section 23 -2-480 of this Division and
Chapter 22 of the Weld County Code . The applicant has the burden of proof to show that the
5IPage
standards and conditions of Section 23 -2-480 of this Division and Chapter 22 of the Weld
County Code are met. The applicant shall demonstrate :
1 . All reasonableReasonable efforts have been made to avoid irrigated cropland or to
minimize the negative impacts on agricultural USES and lands .
2 . The PIPELINE will not have an undue adverse effect on existing and future
development of the surrounding area as set forth in applicable MASTER PLANS .
3 . The design of the proposed PIPELINE mitigates negative impacts on the surrounding
area to the greatest extent feasible .
4 . The site shall be maintained-restored following construction of the PIPELINE in such
a manner so as to control soil erosion , dust and the growth of NOXIOUS WEEDS .
5 . The applicant has agreed to implement any reasonable measures deemed necessary by
the Board of County Commissioners to ensure that the health , safety and welfare of the
inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential
adverse impacts from the proposed PIPELINE .
6 . All reasonableReasonable alternatives to the proposal have been adequately assessed,
and the proposed action is consistent with the best interests of the people of the COUNTY,
the State of Colorado, and represents a balanced use of resources in the affected area.
7 . The nature and location or expansion of the PIPELINE will not unreasonably
interfere with any significant wildlife habitat and will not unreasonably affect any
endangered wildlife species, unique natural resource, know historic landmark or
archaeological site within the affected area.
8 . No adverse impact, from stormwater runoff, to the public rights of way and/or
surrounding properties as a result of the PIPELINE .
B . The Secretary of the Planning Commission shall forward the official recommendation of
the Planning Commission and the information contained in the official record, which includes
the Department of Planning Services case file, to the Clerk to the Board within ten ( 10) days after
said recommendation has been made .
C . If the Planning Commission recommendation is conditional upon the applicant
completing certain specified items prior to the publication of the notice for the hearing by the
Board of County Commissioners, the ten -day period shall commence upon submission of the
items by the applicant to the Department of Planning Services .
Sec. 23-2-490. Duties of Board of County Commissioners.
The Special Review Permit duties of the Board of County Commissioners for a PIPELINE
are limited according to the provisions of Section 30-28- 110, C . R . S . , and the Home Rule
Charter.
6 I Page
Sec. 23-2-500. Application for Special Review Permit.
Any person seeking to locate and construct a PIPELINE in the County shall apply for a
Special Review Permit on the forms provided by the Department of Planning Services . The
application forms shall be accompanied by the supporting documents required by these
regulations .
Sec. 23-2-510. Application requirements.
An adequate number of copies of the application for a Special Review Permit shall be
submitted by the applicant to the Department of Planning Services . An application for a Special
Review Permit shall contain the following information in such form as prescribed by the
Department of Planning Services :
A . The applicant's name and telephone number.
B . Address of the applicant and general OFFICE.
C . Summary statement of the project, to include when applicable :
1 . Source, capacitysize, destination and type of facilities, support STRUCTURES ,
lines, etc . , involved .
2 . A detailed report shall be submitted which includes information on the following
item :
a. A description of the PIPELINE .
b . A description of the preferred route or site and reasons for its selection .
c . Procedures to be employed in mitigating any adverse impacts of the proposed
routes or sites .
d . An outline of the planned construction and operation schedule, to include the
number of stages and timing of each .
e . Information of any public meeting conducted, to include the location , date, time,
attendance and method of advertising .
f. A description of the hazards, if any, of fire, explosion and other dangers to the
health , safety and welfare of employees and the general PUBLIC .
g . A description of emergency procedures to be followed in case of a reported failure
or accident involving the proposed PIPELINE . Such outline shall include actions, if any,
required of PUBLIC officials, including fire and police officials, and the names and
telephone numbers of appropriate company officials to notify if an accident or failure
should occur.
Mage
do
h . A description of the method or procedures to be employed to avoid or minimize
the impacts on irrigated agricultural land .
i . A discussion of how the proposal conforms with the guidelines of Chapter 22 of
this Code and any other applicable code provision or ordinance in effect.
j . A Decommissioning Plan .
k. A description of any haul routes during construction , identifying the roads and
bridges involved and the weight of the loads .
1 . Any other information determined to be necessary by the Department of
Planning Services or its authorized representative to ensure the protection of the health,
safety and welfare of the inhabitants of the COUNTY .
Sec. 23-2-520. Drawing requirements for PIPELINE maps.
A . The general drawing requirements for PIPELINES are as follows :
I . Be submitted on a sheet twenty-four (24 ) inches by thirty-six ( 36 ) inches in size .
2 . Be drafted in black drawing ink on Mylar or other drafting media approved by the
Director of Planning Services .
3 . include a vicinity map at a suitable scale ( 1 " = 2000' minimum or as approved by the
Department of Planning Services) which displays the location of the route within the County
and its relationship to towns, major water features and major transportation features .
4 . include a detailed route map showing the approved route through the County. The
approved route shall be displayed on a 1 : 24, 000 scale U . S . G . S . topographic quadrangle, or
other approved topographic study that may be more accurate . The map shall display the
centerline of the approved route and all of the features depicted on the U . S .G . S . topographic
quadrangle within one ( 1 ) mile on each side of the approved route . The base map shall be
updated to include any significant new man-made features within one ( I three hundred (300)
milefeet lefeet on each side of the approved route .
B . Legend . A legend shall be included consisting of the following items :
1 . Development standards governing the location , design , construction and operation of
the proposed facility.
2 . The Special Review' Permit Plan Map shall include certificates for the PIPELINE
owner's signature, Planning Commission , and the Board of County Commissioners and the
Clerk to the Board . The required content of the certificates is available from the Department
of Planning Services .
3 . Title, scale and north arrow.
8IPage
4 . For each parcel that the pipeline crosses include : ( 1 ) Property owner name ; and. (2)
Parcel Number (3 ) Legal Description (4) Reception Number for the Easement /
Rights-of Way.
Sec. 23-2-530. Standards.
The Board of County Commissioners may approve an application for site selection and
construction or expansion of a PIPELINE only if all applicable requirements of this Division are
met, and the applicant has shown that the application is consistent with Chapter 22 of the Weld
County Code and the following standards :
A . All reasonableReasonable efforts have been made to avoid irrigated cropland or to
minimize the negative impacts on agricultural USES and lands .
B . The PIPELINE will not have an undue adverse effect on existing and future
development of the surrounding area as set forth in applicable MASTER PLANS .
C . The design of the proposed PIPELINE mitigates negative impacts on the surrounding
area to the greatest extent feasible , .
D . The site shall be maintainedrestored following construction of the PIPELINE in such
a manner so as to control soil erosion , dust and the growth of NOXIOUS WEEDS .
E . The applicant has agreed to implement any reasonable measures deemed necessary by
the Board of County Commissioners to ensure that the health , safety and welfare of the
inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential
adverse impacts from the proposed PIPELINE .
F . All reasonableReasonable alternatives to the proposal have been adequately assessed,
and the proposed action is consistent with the best interests of the people of the COUNTY,
theState9f_Colo ado, and represents a balanced use of resources in the affected area.
G . The nature and location or expansion of the PIPELINE will not unreasonably
interfere with any significant wildlife habitat and will not unreasonably affect any
endangered wildlife species, unique natural resource, know' historic landmark or
archaeological site within the affected area.
H. No adverse impact, from stormwater runoff, to the public rights of way and/or
surrounding properties as a result of the PIPELINE .
Sec. 23-2-540. Changes to Special Review Permit.
Any approved Special Review Permit for a PIPELINE shall be limited to the items shown on
the Special Review Plan Map and governed by the DEVELOPMENT STANDARDS . Major
changes from the approved Special Review Map or DEVELOPMENT STANDARDS for the
Special Review' Permit for a PIPELINE shall require the approval of an amendment to the permit
by the Planning Commission and approval by the Board of County Commissioners before such
91 Page
changes from the map or DEVELOPMENT STANDARDS are permitted . Minor char_ a to. an
approved PIPELINE including changes to the PIPELINE route necessitated _ landowner
negotiations, may be approved ._by the _Department of Planning Services, The Department of
Planning Services is responsible for determining whether a major change exists . Any other
changes shall be filed with the Department of Planning Services with the approved Special
Review Permit.
10I Page
Document comparison by Workshare Compare on Wednesday , July 01 , 2015
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ID file : //C : \Users\wcreason \Desktop\ Pipeline Code
Document e t 1 Changes_06 06 15 15DRAFT (Weld Count . doc
g _ Y )
Description Pipeline Code Changes_06 15 15DRAFT (Weld County )
D m nt 2 ID file : //C : \Users\wcreason \Desktop\Weld County Proposed
ocu e Pipeline Regulations ( Suncor Comments ) ( 7 . 1 . 15 ) . doc
Descri tion Weld County Proposed Pipeline Regulations ( Suncor
p Comments ) ( 7 . 1 . 15 )
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4092022 03/20/2015 03 : 01 PM
Total Pages: 23 Rec Fee : $ 121 .00
Carly Koppes - Clerk and Recorder, Weld County . CO
Recording requested by and return to;
SLNcoit ENI:KGY (U.S.A.) PIPELINE COMPANY
ATTNt Legal Department
717 Seventeenth Street
29° Floor
Denver, Colorado 80202
Tract #: 262.500
AF Ell: 12-00032
EASEMENT AND RIGHT-OF-WAY AGREEMENT
Andrew NI. Wallet, Successor Trustee of the Jesse 13 . Graner and Mary Jane Graner
Family Trust B-2 UTA October 9, 1989; Robert E . Graner and Jancie Jang Graner, Trustees of
The Graner Family Trust dated May 27, 2010; and Steven C. Groner (collectively, "Landowner")
and Suncor Energy (U. S .A.) Pipeline Company, a Colorado corporation ("Qrantee"), hereby
enter_di into this Easement and Right-of:AA/ay Agreement (this "Agreement") effective as of this
'S` day of`/fl AJL. , 2015 (the "Effective Date'), and agree as follows: Landowner, as
owner of the real property located in Weld County, Colorado as more particularly described
and/or depicted on Exhibit A attached hereto and incorporated herein by this reference (the
"Property"), hereby grants, sells, conveys, and assigns to Suncor Energy (U .S .A.) Pipeline
Company ("Grantee"), its successors and assigns forever, those permanent and temporary rights-
of-way and easements as described below, on, over, under, through and across those portions of
the Property as more particularly described and/or depicted on Exhibit A attached hereto.
1 . Permanent Easement. Landowner hereby grants, sells, conveys and assigns to
Grantee, its successors and assigns forever, as of the Effective Date, a 60-foot wide (30 Feet on
either side of the centerline) perpetual right-or-way and easement on, over, under, through and
across that portion of the Property as described and/or depicted on 2,x h`bit A attached hereto and
incorporated herein (the "Permanent Easement"), for the following uses and purposes
(including for use by Grantee ' s employees, contractors , subcontractors, agents,
licensees, invitees , successors and assigns) ; all as Grantee 's right but not its obligation:
Surveying (including civil, environmental, cultural and geotechnical surveys),
clearing, excavating, trenching, laying, removing Plantings, constructing,
installing, erecting, operating, maintaining, protecting, inspecting, testing,
drilling, undertaking environmental activities (including investigations, sampling,
monitoring, response, and remedial activities), repairing, altering, improving,
upgrading, removing, replacing, re -laying, changing the size of, relocating,
substituting, renewing, abandoning, and all other related and similar activities for
one or more pipelines for the transportation of oil and gas products and by-
products thereof, water and other substances, with appurtenances including drips,
valves, fittings, metering equipment, electrical cable, cathodic equipment,
communication equipment, compressor or booster equipment or stations, and
other related and similar equipment and appurtenances as may be necessary ar
4092022 03120/2015 03 : 01 PM
Page 2 of 23
convenient for the foregoing purposes, including any upgrades or replacements of
such equ ipment (each, a "Pipeline, " and collectively, the "Pipelines") .
Within a reasonable ti,roc follnwthg the completion of laying anti construction of the
Pipeline, Grantee shall resturc the a flocted land to tit saute or as good a condition as it WIN in
prior to the installation of the Pipeline.
Grantee shall have the right to change the size of the Pipelines, to locate more than one
Pipeline, and to move the Pipeline or Pipelines at any time and to any location within the
Permanent Easement, all at Grantee ' s sole discretion. For purpose of this Agreement, the first
Pipeline installed by Grantee in the Permanent Easement shall be hereinafter referred to as the
" 16-inch Pipeline."
2 . Temporary Easement. In addition to the Permanent Easement, Landowner
hereby grants, sells, conveys and assigns to Grantee a temporary easement on, over, under ,
through and across, and right to use a portion of the Propeity located adjacent to the Permanent
Easement and/or the Temporary Work Space Easement as more particularly described and/or
depicted on Exhibit A attached hereto (the "Temporary Easement") . Grantee and/or its
employees , contractors, subcontractors, agents, licensees, invitees, successors and
assigns , shall have the right to use the Temporary Easement fir the purpose of surveying,
excavating, trenching, laying and constructing of any Pipelines and related construction
activities . Grantee agrees that its right to use the Temporary Easement shall automatically
terminate three and one half years from the Effective Date . The Permanent Easement, the
Temporary Easement, and the Access Easement (as defined in Section 3 below) are sometimes
collectively refctred to herein as the "Easeme ").
3 . Ingress and Egress . Landowner hereby grants, sells , conveys and assigns
to Grantee , for use by Grantee and its employees, contractors, subcontractors, agents,
licensees , invitees , successors and assigns , a von- exclusive eight-of-way and easement
over and across the Property and/or certain real property owned by Landowner near or
adjacent to the Property by such route or routes as is described and/or generally
depicted on Exhibit C attached hereto and incorporated herein (the "Access Easement")
for purposes of ingress and egress to and from the Permanent Easement and the
Temporary Easement by means of dirt or paved roads, lanes and pathways thereon, if
existing, or otherwise by such route or routes as Grantee nay construct or improve from
time to time for the purposes permitted hereunder. As identified on Exhibit C , the
Access Easement ( or portions or it) may be perpetual and / or temporary . For portions of
the Access Easement which are temporary, Grantee agrees that its right to use such
temporary portions of the Access Easement shall terminate effective concurrently with
the termination of the Temporary Easement as described in Section 2 above . For
portions of the Access Easement which are permanent, such Access Easement shall be
perpetual and shall not terminate on a predetermined date. Landowner may request that
Grantee consent to relocate, alter, change , or amend the Access Easement, which
consent shall not be unreasonably withheld or delayed if the location, width, and utility
of the access easement as proposed by the Landowner is at least as beneficial to Grantee
as the Access Easement . If Landowner and Grantee agree to relocate , alter, change , or
amend the Access Easement as provided by this Section 3 , Landowner agrees to
I,
A.
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Changes_06 15 15DRAFT (Weld County ) . doc
Description Pipeline Code Changes_06 15 15DRAFT (Weld County )
D um nt 2 ID file : //C : \Users\wcreason \Desktop\Weld County Proposed
oc e Pipeline Regulations ( Suncor Comments ) ( 7 . 1 . 15 ) . doc
Descri tion Weld County Proposed Pipeline Regulations ( Suncor
p Comments ) ( 7 . 1 . 15 )
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EXHIBIT
I 13 rgit
• • 2001 ''- 1
Chapter 23
ARTICLE I
General Provisions
Sec. 23- 1 -90. Definitions.
MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCIES: Public Utilities or
Public Agencies operating or constructing a mine, ELECTRIC TRANSMISSION LINES ,
domestic water storage facilities, POWER PLANTS , SUBSTATIONS of electrical utilities,
wastewater treatment facilities, water treatment facilities, including extensions, expansions or
enlargements thereof; STORAGE AREAS of utilities providing electricity, water, wastewater
and ' ' , including extension, expansions or enlargements
' ' ' '
thereof,-
;
•
PIPELINE: Any pipeline and appurtenant facilities designed for, or capable of, transporting
natural gas or other petroleum derivatives ten ( 10) inches in diameter or larger andwhich creates
a hoop stress of twenty percent (20%) or more at their specified minimum yield strength.
Z� •
ARTICE II
Section 23-2-370414
Additional information required for TRANSMISSION LINES : and oil and gas PIPELINES :
a. A discussion of the feasibility of utilizing any existing utility line corridors .
b . A list of the names and addresses of the utility companies which have existing
underground utility lines underlying the alternative routes .
Section 23-2-390 Drawing requirements for utility line plan maps.
A. The general drawing requirements for Utility Line Plan Maps for electric
TRANSMISSION LINES and oil and gas PIPELINES are as follows :
11Page
t
ARTICLE III
Zone Districts
Division 1 A (Agricultural) Zone District
Section. 23-3-40. Uses by Special Review.
KK. PIPELINE.
ARTICLE II
DIVISION 6 Special Review Permits for PIPELINES
Sec. 23-2-440. Applicability.
A. Uses by Special Review are USES which have been determined to be more intense
or to have a potentially greater impact than the Uses Allowed by Right in a
particular zone district. Therefore, Uses by Special Review require additional
consideration to ensure that they are established and operated in a manner that is
compatible with existing and planned land USES in the NEIGHBORHOOD. The
additional consideration or regulation of Uses by Special Review, and the
application to a Use by Special Review of Performance, Design and Operations
Standards listed both herein and for applicable USES from any zone district, are
designed to protect and promote the health, safety, convenience and general welfare
of the present and future residents of the COUNTY.
B . The Board of County Commissioners may approve the establishment of a Use by
Special Review for PIPELINES by granting a Special Review Permit. All requests
for Special Review Permit shall be reviewed by the Planning Commission. The
Planning Commission recommendation shall be forwarded to and considered by the
Board of County Commissioners.
C . Any person filing an application for a Special Review Permit shall comply with the
COUNTY procedures and regulations as set forth herein. Any expansion or
enlargement of a Use by Special Review shall be treated as a new USE and shall
require a new application under the provisions of this Division.
D . Ordinary repairs and maintenance located within easements or rights of way of
PIPELINES approved pursuant to these regulations shall not be treated as a new
USE. Ordinary repairs and maintenance may be performed upon STRUCTURES
associated with a Use by Special Review so long as such repairs and maintenance
do not have the effect of expanding or enlarging the USE .
E. Applications for Special Review Permits shall be completed as set forth in Section
23 -2-500 . The complete application and application fees shall be submitted to the
Department of Planning Services.
F . The applicant shall submit one ( 1 ) paper copy of the map for preliminary approval to
the Department of Planning Services. Upon approval of the paper copy, the
I 2lPage
applicant shall submit a Mylar map, along with all other documentation required as
Conditions of Approval . The Mylar map shall be recorded in the office of the
County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Subsection 23 -2-520 of this
Article. The Mylar map and additional requirements shall be recorded within one
hundred twenty ( 120) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee. If a Use
• by Special Review (USR) map has not been recorded within one hundred twenty
( 120) days from the date of the Board of County Commissioners Resolution, or
within a date specified by the Board of County Commissioners, the Board may
require the landowner/applicant to appear before it and present evidence
substantiating that the Use by Special Review (USR) has not been abandoned and
that the applicant possesses the willingness and ability to record the Use by Special
Review (USR) map. The Board of County Commissioners may extend the date for
� recording the map. If the Board determines that conditions supporting the original
approval of the Use by Special Review (USR) map cannot be met, the Board may,
after a public hearing, revoke the Use by Special Review (USR) .
Sec. 23-2-450. Relationship of regulations to other requirements.
Nothing in this Division shall be construed as exempting an applicant from any state or
federal laws or regulations.
Sec. 23-2-460. Prohibition of site selection and construction without permit.
No person may locate or construct a PIPELINE in the County without first obtaining a
Special Review Permit pursuant to these regulations and no Building Permit for a
PIPELINE shall be approved without the applicant first obtaining approval of a Special
Review Permit pursuant to these regulations.
Sec. 23-2-470. Duties of Department of Planning Services.
A . Any person wanting to apply for a Use by Special Review shall arrange for a pre-
application conference with the Department of Planning Services . The Department of
Planning Services shall be responsible for processing all applications for a PIPELINE in the
unincorporated area of the County. The Department shall also have the responsibility of
ensuring that all application submittal requirements are met prior to initiating any official
action as listed below.
B. Upon determination that a submitted application is complete, the staff of the Department
of Planning Services shall :
1 . Refer the application to the following agencies, when applicable, for review and
comment. The agencies named shall respond within twenty-eight (28) days after the
mailing of the application by the COUNTY . The failure of any agency to respond within
twenty-eight (28) days may be deemed to be a favorable response to the Planning
Commission. The reviews and comments solicited by the COUNTY are intended to provide
the COUNTY with information about the proposed Use by Special Review. The Planning
31Page
Commission and Board of County Commissioners may consider all such reviews and
comments and may solicit additional information if such information is deemed necessary.
The reviews and comments submitted by a referral agency are recommendations to the
COUNTY. The authority for making the decision to approve or deny the request for a
Special Review Permit rests with the Board of County Commissioners.
a. The planning commission of any town or county whose boundaries are within
three (3) miles of the proposed site or if the proposed site is located within any town's
comprehensive planning area.
b . Department of Public Health and Environment.
c . Department of Public Works.
d. Colorado Geological Survey.
e. Colorado Department of Transportation.
f. U. S . Forest Service.
g. Any irrigation ditch company with facilities within the Right of Way or crossed by
the pipeline under consideration.
h. Utility companies with underground lines which might be affected by the
DEVELOPMENT .
i . Special service districts which may provide service to the DEVELOPMENT.
j . State Engineer, Division of Water Resources.
k. Natural Resource Conservation Service.
1 . Any other agencies or individuals whose review the Department of Planning
Services deems necessary.
2 . Prepare staff comments for use by the Planning Commission addressing all aspects of
the application, its conformance with Chapter 22 of this Code and any other applicable code
provision or ordinance in effect, adopted master plans of affected municipalities, sound land
use planning practices, comments received from agencies to which the proposal was referred
and standards contained in this Chapter.
3 . Set a Planning Commission hearing date. The Board of County Commissioners
public hearing may also be set and be given legal notice and posting, concurrent with setting
of the Planning Commission hearing date and in accordance with Section 23 -2-470 . 5 or
Section 23 -2 .470 . 6 .
4lPage
4 . An applicant may conduct a Neighborhood Meeting with area landowners. Such
meeting is not required, but may be suggested by the Planning Services staff to encourage
communication between a land use applicant and the neighbors.
5 . For pipeline projects one ( 1 ) mile or less notice of application shall be given for
surface property owners for five hundred (500) feet on either side of the centerline of the
proposed preferred alignment, and to interest holders (excluding mineral interests) in any
real property proposed to be physically disturbed or crossed by the activity or development
which is the subject of the application. Such notification shall be mailed, first-class, no less
than ten ( 10) days before the scheduled public hearing. Such notice is not required by state
statute and is provided as a courtesy to surrounding property owners (the surface estate) .
Inadvertent errors by the applicant in supplying such list, or the Department of Planning
Services in sending such notice, shall not create a jurisdictional defect in the hearing process
even if such error results in the failure of a surrounding property owner to receive such
notification.
6 . Applicants for a PIPELINE which is more than one ( 1 ) mile in length shall advertise
the hearing at least once in the newspaper designated by the Board of County
Commissioners for publication of notices a minimum of ten ( 10) days prior to the Planning
Commission hearing date. The advertisement shall contain a map displaying the proposed
route, along with both the Planning Commission and the Board of County Commissioners
hearing dates, a description of the hearing, time, date and location.
7. Prepare staff comments and recommendations for presentation at the Board of
County Commissioners hearing, addressing all aspects of the application, its conformance
with this Chapter and Chapter 22 of this Code and comments received from referral
agencies.
Sec. 23-2-480. Duties of Planning Commission.
A. The Planning Commission shall hold a hearing to consider the application for the Special
Review Permit. The Planning Commission shall provide recommendations to the Board of
County Commissioners concerning the disposition of the requested Special Review Permit. The
Planning Commission shall approve the request for the Special Review Permit only if it finds
that the applicant has met the standards or conditions of Section 23 -2-480 of this Division and
Chapter 22 of the Weld County Code. The applicant has the burden of proof to show that the
standards and conditions of Section 23 -2-480 of this Division and Chapter 22 of the Weld
County Code are met. The applicant shall demonstrate :
1 . All reasonable efforts have been made to avoid irrigated cropland or to minimize the
negative impacts on agricultural USES and lands.
2 . The PIPELINE will not have an undue adverse effect on existing and future
development of the surrounding area as set forth in applicable MASTER PLANS .
3 . The design of the proposed PIPELINE mitigates negative impacts on the surrounding
area to the greatest extent feasible.
5IPage
4 . The site shall be maintained in such a manner so as to control soil erosion, dust and
the growth of NOXIOUS WEEDS .
5 . The applicant has agreed to implement any reasonable measures deemed necessary
by the Board of County Commissioners to ensure that the health, safety and welfare of the
inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential
adverse impacts from the proposed PIPELINE.
6 . All reasonable alternatives to the proposal have been adequately assessed, and the
proposed action is consistent with the best interests of the people of the COUNTY and
represents a balanced use of resources in the affected area.
7 . The nature and location or expansion of the PIPELINE will not unreasonably
interfere with any significant wildlife habitat and will not unreasonably affect any
endangered wildlife species, unique natural resource, know historic landmark or
archaeological site within the affected area.
8 . No adverse impact, from stormwater runoff, to the public rights of way and/or
surrounding properties as a result of the PIPELINE.
B . The Secretary of the Planning Commission shall forward the official recommendation of
the Planning Commission and the information contained in the official record, which includes
the Department of Planning Services case file, to the Clerk to the Board within ten ( 10) days
after said recommendation has been made.
C . If the Planning Commission recommendation is conditional upon the applicant
completing certain specified items prior to the publication of the notice for the hearing by the
Board of County Commissioners, the ten-day period shall commence upon submission of the
items by the applicant to the Department of Planning Services.
Sec. 23-2-490. Duties of Board of County Commissioners.
The Special Review Permit duties of the Board of County Commissioners for a PIPELINE
are limited according to the provisions of Section 30-28 - 110, C .R. S . , and the Home Rule
Charter.
Sec. 23-2-500. Application for Special Review Permit.
Any person seeking to locate and construct a PIPELINE in the County shall apply for a
Special Review Permit on the forms provided by the Department of Planning Services. The
application forms shall be accompanied by the supporting documents required by these
regulations.
Sec. 23-2-510. Application requirements.
An adequate number of copies of the application for a Special Review Permit shall be
submitted by the applicant to the Department of Planning Services . An application for a Special
6IPage
_
Review Permit shall contain the following information in such form as prescribed by the
Department of Planning Services :
A. The applicant's name and telephone number.
B . Address of the applicant and general OFFICE.
C . Summary statement of the project, to include when applicable :
1 . Source, size, capacity, capacity, destination and type of facilities, support
STRUCTURES , lines, etc . , involved.
2 . A detailed report shall be submitted which includes information on the following
item :
a. A description of the PIPELINE.
b. A description of the preferred route or site and reasons for its selection.
c. Procedures to be employed in mitigating any adverse impacts of the proposed
routes or sites .
d. An outline of the planned construction and start up and commissioning operation
schedule, to include the number of stages and timing of each.
e . Information of any public meeting conducted, to include the location, date, time,
attendance and method of advertising.
f. A description of the hazards, if any, of fire, explosion and other dangers to the
health, safety and welfare of employees and the general PUBLIC .
g. A description of emergency procedures to be followed in case of a reported failure
or accident involving the proposed PIPELINE . Such outline shall include actions, if
any, required of PUBLIC officials, including fire and police officials, and the names and
telephone numbers of appropriate company officials to notify if an accident or failure
should occur.
h. A description of the method or procedures to be employed to avoid or minimize
the impacts on irrigated agricultural land.
i . A discussion of how the proposal conforms with the guidelines of Chapter 22 of
this Code and any other applicable code provision or ordinance in effect.
j . A Decommissioning Plan.
k. A description of any haul routes during construction, identifying the roads and
bridges involved and the weight of the loads.
7IPage
1 . Any other information determined to be necessary by the Department of
Planning Services or its authorized representative to ensure the protection of the health,
safety and welfare of the inhabitants of the COUNTY.
Sec. 23-2-520. Drawing requirements for PIPELINE maps.
A. The general drawing requirements for PIPELINES are as follows :
1 . Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in size.
2 . Be drafted in black drawing ink on Mylar or other drafting media approved by the
Director of Planning Services.
3 . Include a vicinity map at a suitable scale ( 1 " = 2000' minimum or as approved by the
Department of Planning Services) which displays the location of the route within the County
and its relationship to towns, major water features and major transportation features.
4 . Include a detailed route map showing the approved route through the County. The
approved route shall be displayed on a 1 :24,000 scale U . S . G . S . topographic quadrangle, or
other approved topographic study that may be more accurate. The map shall display the
centerline of the approved route and all of the features depicted on the U . S . G. S . topographic
quadrangle within one (1 ) mile on each side of the approved route. The base map shall be
updated to include any significant new man-made features within one half (0 . 5) mile on
each side of the approved route .
.
54-. Development standards .
the proposed facility:
62. The Special Review Permit Plan Map shall include certificates for the PIPELINE
owner's signature, Planning Commission, and the Board of County Commissioners and the
Clerk to the Board. The required content of the certificates is available from the Department
of Planning Services.
73. Title, scale and north arrow.
84. For each parcel that the pipeline crosses include : ( 1 ) Property owner name; (2)
Parcel Number (3) Legal Description (3 ) Quarter Section and Section, Township and Range
(4) Reception Number for the Easement / Rights-of-Way[ti]7
Sec. 23-2-530. Standards.
The Board of County Commissioners may approve an application for site selec t:on and
construction or expansion of a PIPELINE only if all applicable requirements of this Division are
met, and the applicant has shown that the application is consistent with Chapter 22 of the Weld
County Code and the following standards :
Wage
A. All reasonable efforts have been made to avoid irrigated cropland or to minimize the
negative impacts on agricultural USES and lands.
B . The PIPELINE will not have an undue adverse effect on existing and future
development of the surrounding area as set forth in applicable MASTER PLANS .
C . The design of the proposed PIPELINE mitigates negative impacts on the surrounding
area to the greatest extent feasible.
D . The site shall be maintained in such a manner so as to control soil erosion, dust and
the growth of NOXIOUS WEEDS .
E. The applicant has agreed to implement any reasonable measures deemed necessary
by the Board of County Commissioners to ensure that the health, safety and welfare of the
inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential
adverse impacts from the proposed PIPELINE.
F. All reasonable alternatives to the proposal have been adequately assessed, and the
proposed action is consistent with the best interests of the people of the COUNTY and
represents a balanced use of resources in the affected area.
G . The nature and location or expansion of the PIPELINE will not unreasonably
interfere with any significant wildlife habitat and will not unreasonably affect any
endangered wildlife species, unique natural resource, know historic landmark or
archaeological site within the affected area.
H . No adverse impact, from stormwater runoff, to the public rights of way and/or
surrounding properties as a result of the PIPELINE .
Sec. 23-2-540. Changes to Special Review Permit.
Any approved Special Review Permit for a PIPELINE shall be limited to the items shown
on the Special Review Plan Map and governed by the DEVELOPMENT STANDARDS . Major
changes from the approved Special Review Map or DEVELOPMENT STANDARDS for the
Special Review Permit for a PIPELINE shall require the approval of an amendment to the permit
by the Planning Commission and approval by the Board of County Commissioners before such
changes from the map or DEVELOPMENT STANDARDS are permitted. The Department of
Planning Services is responsible for determining whether a major change exists. Any other
changes shall be filed with the Department of Planning Services with the approved Special
Review Permit.
9IPage
EXHIBIT
Esther Gesick
0121) • S=
From: Barbara Kirkmeyer
Sent: Thursday, July 30, 2015 7:59 AM
To: Henderson, Christina; Esther Gesick
Cc: Julie Cozad; Mike Freeman; Steve Moreno; Sean Conway; Tom Parko Jr.; Burnett, Lisha;
Romano, Megan
Subject: Re: Clarification on Chapter 23 ARTICLE II proposed code changes
Follow Up Flag: Follow up
Flag Status: Flagged
Thanks Christina
We will get included in the record.
Have a great day
On Jul 30, 2015, at 7:47 AM, Henderson, Christina<CHHenderson@Suncor.com>wrote:
Commissioner Kirkmeyer,
Thank you for taking the time to talk with me Thursday regarding the proposed code changes to
the Special Review Permit requirements for Pipelines. Per our conversation, I am drafting this
email to document and share that discussion to be included in the record. I was seeking
clarification on two issues with respect to section 23-2-440.D. For your convenience, I am
including the language of that section below:
D. Ordinary repairs and maintenance located within easements or rights of way of
PIPELINES approved pursuant to these regulations shall not be treated as a new USE. Ordinary
repairs and maintenance may be performed upon STRUCTURES associated with a Use by
Special Review so long as such repairs and maintenance do not have the effect of expanding or
enlarging the USE.
First, I was seeking clarification regarding the first sentence: "Ordinary repairs and
maintenance located within easements or rights of way of PIPELINES approved pursuant
to these regulations shall not be treated as a new USE." I wanted to confirm that the intent
of the language "ordinary repairs" included replacement activities done as part of line integrity
maintenance and are excluded from the Special Review Permit process. Per DOT and PHMSA
guidelines, pipeline companies are required to inspect and repair anomalies found in the pipeline.
At times the safest repair is a complete cut out and replacement of that particular segment of
pipe. Typically, these types of replacements are of the same line size and type. Another
example would be if changes in conditions on the ground above the line or a lack of ground
cover drove a need to bore a segment of the line. In that case, pipeline companies replace the at-
risk segment with the new, bored section that has a much greater ground coverage to ensure the
lasting integrity of the line. Suncor has done this in response to flooding at water crossings as an
example. Per our conversation, it is my understanding that the intent of the Weld County Board
i
of County Commissioners is that those types of replacement activities would be considered
"ordinary repairs and maintenance."
In addition, I also wanted to clarify the meaning of the phrase "PIPELINES approved
pursuant to these regulations." My understanding is that "ordinary repairs and maintenance"
for existing Pipelines (including the Suncor Pipeline project that has commenced construction)
that have not been approved through this new regulation are also exempt from the Special
Review Permit.
At this time I am not planning on attending the reading on Monday, but I can make myself or
another Suncor representative available to attend if you or any of the other County
Commissioners feel a discussion at the reading is needed. I am also happy to answer any
questions you or any other County Commissioner may have via email or phone call. My contact
information is listed below. Have a great weekend.
Regards,
Christina Henderson I Director, Operations & Maintenance
SUNCOR ENERGY (U.S.A.) PIPELINE COMPANY
Direct: 303-227-6157 I Cell: -720-402-9385 I chhenderson@suncor.com
If you wish to no longer receive electronic messages from this sender, please respond and advise accordingly in your return email.
This email and its contents are private and confidential, for the sole use of the addressees. If you are not an intended recipient. copying.
forwarding or other distribution of this email or its contents by any means is prohibited. If you believe that you received this email in error
please notify the original sender and delete this communication and any copies immediately,
Petro-Canada is a Suncor Energy business.
150 — 6th Avenue S.W., Calgary, Alberta. Canada, T2P 3E3 (Corporate Head Office) / www.suncor.com
Si vows ne voulez plus recevoir de messages electroniques de cet expediteur, veuillez i'en aviser en repondant a ce courriel.
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Petro-Canada est une entreprise de Suncor Energie.
150 — 6th Avenue S.W., Calgary. Alberta, Canada. T2P 3E3 (siege social) !www.suncor.com
<Pipeline Code Changes_07. 17. 15.doc>
2
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson , that the following resolution be introduced for passage by the Weld County
Planning Commission . Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER : ORDINANCE 2015- 1
PRESENTED BY : TOM PARKO
REQUEST IN THE MATTER OF REPEALING AND REENACTING . WITH AMENDMENTS .
CHAPTER 23 ZONING . OF THE WELD COUNTY CODE .
be recommended favorably to the Board of County Commissioners .
Motion seconded by Terry Cross .
VOTE :
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner' s for further proceedings .
CERTIFICATION OF COPY
I , Kristine Ranslem , Recording Secretary for the Weld County Planning Commission , do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County ,
Colorado , adopted on June 16 , 2015 .
Dated the 16th of June , 2015 .
! Digitally signed by Kristine Ranslem
1t Date: 2015 .06. 19 09:45 :36 -06'00'
Kristine Ranslem
Secretary
2015- 1954
Sec. 23- 1 -90. Definitions.
For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this
Section . The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have
the meanings stated in this Section :
MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCIES: Public Utilities or
Public Agencies operating or constructing a mine, ELECTRIC TRANSMISSION LINES, domestic water
storage facilities, POWER PLANTS, SUBSTATIONS of electrical utilities, wastewater treatment facilities,
water treatment facilities, including extensions, expansions or enlargements thereof; STORAGE AREAS of
utilities providing electricity, water, wastewater ive , including
extension, expansions or enlargements thereof; PIPE INE of > >tilitie ,rovi inrt n t> >ral ga ^r other
PIPELINE: Any PIPELINE and appurtenant facilities designed for, or capable of, transporting
natural gas or other petroleum derivatives ten ( 10) inches in diameter or larger which and creates a hoop
stress of twenty percent (20%) or more at their specified minimum yield strength . PIPELINES regulated,
•
Sec. 23-2-370. Application requirements.
An adequate number of copies of the application for a Special Review Permit shall be submitted by the
applicant to the Department of Planning Services. An application for a Special Review Permit shall contain the
following information in such form as prescribed by the Department of Planning Services :
A . The applicant's name and telephone number.
B . Address of the applicant and general OFFICE .
C . Summary statement of the project, to include when applicable :
1 . Source, capacity, destination and type of facilities, support STRUCTURES , lines, etc . ,
involved .
2 . Number and description of alternative locations or routes considered, with a summary
emphasizing reasons for favoring a particular site or route .
3 . Procedures, including reclamation measures, landscaping, buffering techniques or
multiple uses, to be employed in efforts to mitigate any adverse impacts .
4 . Size of the anticipated work force, both temporary and permanent.
5 . A summary of the proposed water requirements, if any, to include the quality and quantity
needed for each USE, source, storage facilities, points of diversion, treatment system and
distribution system .
6 . A summary of the proposed fuel requirements, if any, to include the type and quantity
needed, source and storage facilities .
7 . A description of the location and method of disposal of all forms of waste .
D . A detailed report shall be submitted which includes information on the following
items :
1 . A complete description of the facilities, including the source, capacity, destination and
type of structures .
2 . A complete analysis of the alternative routes or sites considered, to include in each case :
a. Reasons for consideration .
b . Types of agricultural and other land USES affected .
c . Construction cost of the proposed alternatives .
d . Impacts on mineral resources .
e. Impacts on wildlife habitat.
f. Impacts on historical , archaeological and scenic resources .
g. Visual impacts created by aboveground facilities .
h . A description of any GEOLOGIC or FLOOD HAZARDS which could adversely
affect the DEVELOPMENT.
i . Advantages and disadvantages of the alternatives considered .
j . The applicant shall submit to the Department of Planning Services a copy of an
agreement with the mineral owners associated with the subject property . Such
agreement shall stipulate that the oil and gas activities on the subject property have
been adequately incorporated into the design of the site, OR shall provide written
evidence that an adequate attempt has been made to mitigate the concerns of the
mineral owners on the subject property .
k. The applicant shall submit to the Department of Planning Services a copy of an
agreement with the owner of any ditch located on or adjacent to the site, OR shall
provide written evidence that an adequate attempt has been made to mitigate the
concerns of the ditch owners . The agreement shall stipulate that ditch activities have
adequately been incorporated into the design of the site . If such agreement cannot be
reached, the applicant shall present evidence that an adequate attempt to reach such
agreement has been made .
3 . A description of the preferred alternative route or site and reasons for its selection .
4 . Procedures to be employed in mitigating any adverse impacts of the proposed routes or
sites .
5 . An outline of the planned construction and operation schedule, to include the number of
stages and timing of each .
6 . Information of any public meeting conducted, to include the location, date, time,
attendance and method of advertising.
7 . A description of the hazards, if any, of fire, explosion and other dangers to the health,
safety and welfare of employees and the general PUBLIC .
8 . A description of emergency procedures to be followed in case of a reported failure or
accident involving the proposed facility . Such outline shall include actions, if any, required
of PUBLIC officials, including fire and police officials, and the names and telephone
numbers of appropriate company officials to notify if an accident or failure should occur.
9 . A description of the method or procedures to be employed to avoid or minimize the
impacts on irrigated agricultural land .
10 . A discussion of how the proposal conforms with the guidelines of Chapter 22 of this
Code and any other applicable code provision or ordinance in effect.
11 . A discussion of the proposal for maintenance of the facility so as to prevent dust, soil
erosion and the growth of NOXIOUS WEEDS .
12 . A drainage report outlining the method of preventing surface runoff from exceeding the
historical flow .
13 . A Decommissioning Plan . Adequate financial assurance to cover the decommissioning
of the facility may be required as a condition of approval of the Decommissioning Plan .
14 . Additional information required for TRANSMISSION LINES and oil and gas
PIPELINES :
a. A discussion of the feasibility of utilizing any existing utility line corridors.
b . A list of the names and addresses of the utility companies which have existing
underground utility lines underlying the alternative routes .
15 . Additional information needed for POWER PLANT site proposals :
a. Detailed information concerning water requirements, to include the quality needed
for the USE, source, storage facilities, point of diversion , treatment system and
distribution system .
b . A description of the type of transportation facilities needed to service the facility .
c . An outline of the types and numbers of operating and construction equipment to be
employed .
d . A discussion of the proposal for providing TEMPORARY and permanent housing
to accommodate the work force . The description shall outline the number, type and
location of the BUILDING dwellings .
e . A letter from each utility company indicating its intention and ability to serve the
development.
f. A list of the names and addresses of all the local governments and special districts
which would be affected by the DEVELOPMENT, and a statement of the
anticipated overall impact on local governments and special district service
capabilities, including: education, police protection, fire protection, water, sewer,
health services and road maintenance services .
g. A certified list of the names, addresses and the corresponding Parcel Identification
Number assigned by the County Assessor of the owners of property (the surface
estate) within five hundred ( 500 ) feet of the property subject to the application .
The source of such list shall be the records of the County Assessor, or an
ownership update from a title or abstract company or attorney, derived from such
records, or from the records of the County Clerk and Recorder. If the list was
assembled from the records of the County Assessor, the applicant shall certify that
such list was assembled within thirty (30) days of the application submission date .
h . The written certification required by Section 24-65 . 5 - 103 .3 , C . R . S . , if applicable .
Such certification may be submitted on the date of the initial public hearing
referred to in Section 24-65 . 5 - 103 ( 1 ), C . R. S .
i . A discussion of the potential air and water pollution impacts which may be created
by the facility, along with proposed pollution control measures . This discussion
should include any meteorological or climatological conditions which would cause
the facility to create negative impacts on surrounding land USES .
j . A description of any routine haul routes, identifying the roads and bridges involved
and the weight of the loads .
k. Any other information determined to be necessary by the Department of Planning
Services, the Planning Commission or its authorized representative to ensure the
protection of the health, safety and welfare of the inhabitants of the COUNTY .
( Weld County Codification Ordinance 2000- 1 ; Weld County Code Ordinance
2001 - 1 ; Weld County Code Ordinance 2003 - 10 ; Weld County Code Ordinance
2007- 14 ; Weld County Code Ordinance 2010-6 )
Sec. 23-2-390. Drawing requirements for utility line plan maps .
A. The general drawing requirements for Utility Line Plan Maps for electric TRANSMISSION LINES and oil
and gas PIPELINES are as follows :
1 . A utility line plan map shall be submitted in two (2 ) stages :
a. Alternate route map set.
b. Selected route map set.
Division 6 to be added in its entirety :
DIVISION 6
Special Review Permits for PIPELINES
Sec. 23-2-440. Applicability.
A . Uses by Special Review are USES which have been determined to be more intense or to have a
potentially greater impact than the Uses Allowed by Right in a particular zone district. Therefore,
Uses by Special Review require additional consideration to ensure that they are established and
operated in a manner that is compatible with existing and planned land USES in the
NEIGHBORHOOD . The additional consideration or regulation of Uses by Special Review, and the
application to a Use by Special Review of Performance, Design and Operations Standards listed both
herein and for applicable USES from any zone district, are designed to protect and promote the
health, safety, convenience and general welfare of the present and future residents of the COUNTY .
B . The Board of County Commissioners may approve the establishment of a Use by Special Review for
PIPELINES by granting a Special Review Permit. All requests for Special Review Permit shall be
reviewed by the Planning Commission . The Planning Commission recommendation shall be
forwarded to and considered by the Board of County Commissioners .
C . Any person filing an application for a Special Review Permit shall comply with the COUNTY
procedures and regulations as set forth herein . Any expansion or enlargement of a Use by Special
Review shall be treated as a new USE and shall require a new application under the provisions of this
Division .
D . Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a Use by
Special Review so long as such repairs and maintenance do not have the effect of expanding or
enlarging the USE.
E . Applications for Special Review Permits shall be completed as set forth in Section 23 -2-500 . The
complete application and application fees shall be submitted to the Department of Planning Services .
F . The applicant shall submit one ( 1 ) paper copy of the map for preliminary approval to the Department
of Planning Services. Upon approval of the paper copy, the applicant shall submit a Mylar map,
along with all other documentation required as Conditions of Approval . The Mylar map shall be
recorded in the office of the County Clerk and Recorder by the Department of Planning Services . The
map shall be prepared in accordance with the requirements of Subsection 23 -2-520 of this Article.
The Mylar map and additional requirements shall be recorded within one hundred twenty ( 120 ) days
from the date of the Board of County Commissioners Resolution . The applicant shall be responsible
for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within
one hundred twenty ( 120) days from the date of the Board of County Commissioners Resolution, or
within a date specified by the Board of County Commissioners, the Board may require the
landowner/applicant to appear before it and present evidence substantiating that the Use by Special
Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to
record the Use by Special Review (USR) map. The Board of County Commissioners may extend the
date for recording the map. If the Board determines that conditions supporting the original approval
of the Use by Special Review (USR) map cannot be met, the Board may, after a public hearing,
revoke the Use by Special Review (USR).
Sec. 23-2-450. Relationship of regulations to other requirements.
Nothing in this Division shall be construed as exempting an applicant from any state or federal laws or
regulations.
Sec. 23-2-460. Prohibition of site selection and construction without permit.
No person may locate or construct a PIPELINE in the County without first obtaining a Special Review Permit
pursuant to these regulations and no Building Permit for a PIPELINE shall be approved without the applicant
first obtaining approval of a Special Review Permit pursuant to these regulations.
Sec. 23-2-470. Duties of Department of Planning Services.
A . Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference
with the Department of Planning Services. The Department of Planning Services shall be responsible for
processing all applications for a PIPELINE in the unincorporated area of the County. The Department shall
also have the responsibility of ensuring that all application submittal requirements are met prior to initiating
any official action as listed below.
B . Upon determination that a submitted application is complete, the staff of the Department of Planning
Services shall :
1 . Refer the application to the following agencies, when applicable, for review and comment. The
agencies named shall respond within twenty-eight (28 ) days after the mailing of the application by the
COUNTY . The failure of any agency to respond within twenty-eight (28) days may be deemed to be a
favorable response to the Planning Commission . The reviews and comments solicited by the COUNTY are
intended to provide the COUNTY with information about the proposed Use by Special Review. The Planning
Commission and Board of County Commissioners may consider all such reviews and comments and may
solicit additional information if such information is deemed necessary. The reviews and comments submitted
by a referral agency are recommendations to the COUNTY . The authority for making the decision to approve
or deny the request for a Special Review Permit rests with the Board of County Commissioners.
a. The planning commission of any town or county whose boundaries are within three (3 ) miles of the
proposed site or if the proposed site is located within any town's comprehensive planning area.
b . Department of Public Health and Environment.
c . Department of Public Works.
d. Colorado Geological Survey .
e. Colorado Department of Transportation .
f. U . S . Forest Service.
0
g. Any irrigation ditch company with facilities within the Right of Way or crossed by the pipeline
under consideration .
h . Utility companies with underground lines which might be affected by the DEVELOPMENT.
i . Special service districts which may provide service to the DEVELOPMENT .
j . State Engineer, Division of Water Resources .
k. Natural Resource Conservation Service .
1 . Any other agencies or individuals whose review the Department of Planning Services deems
necessary .
2 . Prepare staff comments for use by the Planning Commission addressing all aspects of the application,
its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect,
adopted master plans of affected municipalities, sound land use planning practices, comments received from
agencies to which the proposal was referred and standards contained in this Chapter.
3 . Set a Planning Commission hearing date. The Board of County Commissioners public hearing may
also be set and be given legal notice and posting, concurrent with setting of the Planning Commission hearing
date and in accordance with Section 23 -2-470 . 5 or Section 23 -2 .470 . 6 .
4 . An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not
required, but may be suggested by the Planning Services staff to encourage communication between a land use
applicant and the neighbors .
5 . For pipeline projects one ( 1 ) mile or less notice of application shall be given for surface property
owners for five hundred (500) feet on either side of the centerline of the proposed preferred alignment, and to
interest holders (excluding mineral interests ) in any real property proposed to be physically disturbed or crossed
by the activity or development which is the subject of the application . Such notification shall be mailed, first-
class, no less than ten ( 10 ) days before the scheduled public hearing. Such notice is not required by state statute
and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the
applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create
a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property
owner to receive such notification .
6 . Applicants for a PIPELINE which is more than one ( 1 ) mile in length shall advertise the hearing at
least once in the newspaper designated by the Board of County Commissioners for publication of notices a
minimum of ten ( 10) days prior to the Planning Commission hearing date . The advertisement shall contain a
map displaying the proposed route, along with both the Planning Commission and the Board of County
Commissioners hearing dates, a description of the hearing, time, date and location .
7 . Prepare staff comments and recommendations for presentation at the Board of County Commissioners
hearing, addressing all aspects of the application, its conformance with this Chapter and Chapter 22 of this Code
and comments received from referral agencies.
Sec. 23-2-480. Duties of Planning Commission .
A . The Planning Commission shall hold a hearing to consider the application for the Special Review Permit.
The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the
disposition of the requested Special Review Permit. The Planning Commission shall approve the request for the
Special Review Permit only if it finds that the applicant has met the standards or conditions of Section 23 -2-480 of
this Division and Chapter 22 of the Weld County Code . The applicant has the burden of proof to show' that the
standards and conditions of Section 23 -2-480 of this Division and Chapter 22 of the Weld County Code are met.
The applicant shall demonstrate :
1 . All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts
on agricultural USES and lands .
2 . The PIPELINE will not have an undue adverse effect on existing and future development of the
surrounding area as set forth in applicable MASTER PLANS .
3 . The design of the proposed PIPELINE mitigates negative impacts on the surrounding area to the
greatest extent feasible .
4 . The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of
NOXIOUS WEEDS .
5 . The applicant has agreed to implement any reasonable measures deemed necessary by the Board of
County Commissioners to ensure that the health , safety and welfare of the inhabitants of the COUNTY will be
protected, and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE .
6 . All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is
consistent with the best interests of the people of the COUNTY and represents a balanced use of resources in
the affected area.
7 . The nature and location or expansion of the PIPELINE will not unreasonably interfere with any
significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural
resource, known historic landmark or archaeological site within the affected area.
8 . No adverse impact, from stormwater runoff, to the public rights of way and/or surrounding properties
as a result of the PIPELINE .
B . The Secretary of the Planning Commission shall forward the official recommendation of the Planning
Commission and the information contained in the official record, which includes the Department of Planning
Services case file, to the Clerk to the Board within ten ( 10 ) days after said recommendation has been made .
C . If the Planning Commission recommendation is conditional upon the applicant completing certain specified
items prior to the publication of the notice for the hearing by the Board of County Commissioners, the ten-day
period shall commence upon submission of the items by the applicant to the Department of Planning Services .
Sec. 23-2-490. Duties of Board of County Commissioners.
The Special Review Permit duties of the Board of County Commissioners for a PIPELINE are limited
according to the provisions of Section 30-28- 110, C . R . S . . and the Home Rule Charter.
Sec. 23-2-500. Application for Special Review Permit.
Any person seeking to locate and construct a PIPELINE in the County shall apply for a Special Review
Permit on the forms provided by the Department of Planning Services . The application forms shall be accompanied
by the supporting documents required by these regulations .
Sec. 23-2-510. Application requirements.
An adequate number of copies of the application for a Special Review Permit shall be submitted by the
applicant to the Department of Planning Services. An application for a Special Review Permit shall contain the
following information in such form as prescribed by the Department of Planning Services :
A . The applicant's name and telephone number.
B . Address of the applicant and general OFFICE .
C . Summary statement of the project, to include when applicable :
1 . Source, capacity, destination and type of facilities, support STRUCTURES, lines, etc . , involved .
2 . A detailed report shall be submitted which includes information on the following item :
a. A description of the PIPELINE .
b . A description of the preferred route or site and reasons for its selection .
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c . Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites .
d . An outline of the planned construction and operation schedule, to include the number of stages and
timing of each .
e . Information of any public meeting conducted, to include the location, date, time, attendance and
method of advertising.
f. A description of the hazards, if any, of fire, explosion and other dangers to the health , safety and
welfare of employees and the general PUBLIC .
g. A description of emergency procedures to be followed in case of a reported failure or accident
involving the proposed PIPELINE . Such outline shall include actions, if any, required of PUBLIC
officials, including fire and police officials, and the names and telephone numbers of appropriate company
officials to notify if an accident or failure should occur.
h . A description of the method or procedures to be employed to avoid or minimize the impacts on
irrigated agricultural land .
•
i . A discussion of how the proposal conforms with the guidelines of Chapter 22 of this Code and
any other applicable code provision or ordinance in effect.
j . A Decommissioning Plan .
k. A description of any haul routes during construction , identifying the roads and bridges involved
and the weight of the loads .
1 . Any other information determined to be necessary by the Department of Planning Services or its
authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of the
COUNTY .
Sec. 23-2-520. Drawing requirements for PIPELINE maps.
A . The general drawing requirements for PIPELINES are as follows :
1 . Be submitted on a sheet twenty-four (24 ) inches by thirty-six (36 ) inches in size .
2 . Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning
Services .
3 . Include a vicinity map at a suitable scale ( 1 " = 2000' minimum or as approved by the Department of
Planning Services ) which displays the location of the route within the County and its relationship to towns, major
41 water features and major transportation features .
4 . Include a detailed route map showing the approved route through the County . The approved route
shall be displayed on a 1 : 24,000 scale U . S . G . S . topographic quadrangle, or other approved topographic study that
may be more accurate . The map shall display the centerline of the approved route and all of the features depicted on
the U . S . G . S . topographic quadrangle within one ( 1 ) mile on each side of the approved route . The base map shall be
updated to include any significant new man-made features within one ( 1 ) mile on each side of the approved route.
B . Legend . A legend shall be included consisting of the following items :
1 . Development standards governing the location , design, construction and operation of the proposed
facility pipeline .
2 . The Special Review Permit Plan Map shall include certificates for the PIPELINE owner's signature,
Planning Commission , and the Board of County Commissioners and the Clerk to the Board . The required content of
the certificates is available from the Department of Planning Services .
3 . Title, scale and north arrow .
4 . For each parcel that the pipeline crosses include : ( I ) Property owner name; (2 ) Parcel Number (3 )
Legal Description (4 ) Reception Number for the Easement / Rights-of- Way .
Sec. 23-2-530. Standards.
The Board of County Commissioners may approve an application for site selection and construction or
expansion of a PIPELINE only if all applicable requirements of this Division are met, and the applicant has shown
that the application is consistent with Chapter 22 of the Weld County Code and the following standards :
A . All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on
agricultural USES and lands.
B . The PIPELINE will not have an undue adverse effect on existing and future development of the
surrounding area as set forth in applicable MASTER PLANS .
C . The design of the proposed PIPELINE mitigates negative impacts on the surrounding area to the greatest
extent feasible .
D. The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of
NOXIOUS WEEDS .
E . The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County
Commissioners to ensure that the health, safety and welfare of the inhabitants of the COUNTY will be protected,
and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE.
F . All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is
consistent with the best interests of the people of the COUNTY and represents a balanced use of resources in the
affected area.
G . The nature and location or expansion of the PIPELINE will not unreasonably interfere with any significant
wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, know
historic landmark or archaeological site within the affected area.
H . No adverse impact, from stormwater runoff, to the public rights of way and/or surrounding properties as a
result of the PIPELINE .
Sec. 23-2-540. Changes to Special Review Permit.
Any approved Special Review Permit for a PIPELINE shall be limited to the items shown on the Special
Review Plan Map and governed by the DEVELOPMENT STANDARDS . Major changes from the approved
Special Review Map or DEVELOPMENT STANDARDS for the Special Review Permit for PIPELINE shall
require the approval of an amendment to the permit by the Planning Commission and approval by the Board of
County Commissioners before such changes from the map or DEVELOPMENT STANDARDS are permitted. The
Department of Planning Services is responsible for determining whether a major change exists. Any other changes
shall be filed with the Department of Planning Services with the approved Special Review Permit.
Sec. 23-3-40. Uses by Special Review.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and
maintained in the A (Agricultural ) Zone District upon approval of a permit in accordance with the requirements and
procedures set forth in Article II , Division 4 of this Chapter.
KK. PIPELINE
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Tom Parko , Planning Services , presented Ordinance 2015- 12 , adding that this is a Coordinated Planning
Agreement between Weld County and the Town of Milliken .
Jordan Jemiola noted that he serves on the Milliken Town Board ; however he abstained from the Town
meeting as he had discussions on a county level with this agreement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
No one wished to speak .
Motion : Forward Ordinance 2015- 12 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission ' s recommendation of approval ,
Moved by Terry Cross , Seconded by Bruce Sparrow.
Vote : Motion carried by unanimous roll call vote (summary : Yes = 7 ) .
Yes : Bruce Johnson , Bruce Sparrow, Jordan Jemiola , Joyce Smock , Michael Wailes , Nick Berryman ,
Terry Cross .
Absent : Jason Maxey .
CASE NUMBER : ORDINANCE 2015- 1
PRESENTED BY: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS ,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER
23 ZONING , OF THE WELD COUNTY CODE .
Tom Parko , Planning Services , presented Ordinance 2015- 1 , and stated that this has been continued
over the past three months as staff has held three ( 3 ) stakeholder meetings with the oil and gas industry .
He said that initially he was directed by the Board of County Commissioners to look at designating
pipelines carrying crude , petroleum derivatives or high pressure gas under Chapter 21 of the Weld
County Code . However, after these meetings the Board has agreed to not pursue the 1041 process for
these pipelines and the proposed changes are only being considered to Chapter 23 .
Mr. Parko said that the current code states that if the pipelines are regulated , licensed or permitted under
the federal regulations then it would be exempt from obtaining any permit through Weld County . The
proposed code change would remove this language from the Non - 1041 process and require a standard
USR permit. He noted that electric transmission lines and substations will still be required to follow the
Non - 1041 process .
In response to Commissioner Sparrow' s inquiry , Mr. Parko stated that when these pipelines cross state
lines they fall under the Colorado Department of Transportation regulations .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Kim Cooke , Anadarko Petroleum , 1099 18th Street, Denver, Colorado , stated that she also represents
Kerr McGee Gathering . Ms . Cooke stated that Anadarko and Kerr McGee support the draft that has been
proposed . She expressed appreciation to staff for considering their recommendations through the
stakeholder meetings .
Patrick Groom , 822 7th Street, Suite 760 , Greeley , stated that he is the attorney representative for DCP
Midstream LP . He also commended staff for the effort they put into making a constructive dialogue take
place between the stakeholder industry and the County . Mr. Groom said that DCP generally supports the
proposed code changes . He clarified that intrastate pipelines can also be federally regulated pipelines
and currently there are FERC lines that do not cross state lines that are not submitted under the current
code to the Planning Commission for approval . Under this proposed code change , those pipelines will be
submitted to the Planning Commission along with interstate pipelines that are regulated by the
Department of Transportation . He believes that there is a question of whether the County has jurisdiction
to regulate those pipelines and it may be addressed potentially in court if there turns out to be a conflict
between a federal permit and the denial of the County of a USR .
14
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Motion : Forward Ordinance 2015- 1 to the Board of County Commissioners along with the amendments
made and the Planning Commission ' s recommendation of approval , Moved by Bruce Johnson ,
Seconded by Terry Cross .
Vote : Motion passed (summary : Yes = 6 , No = 1 , Abstain = 0 ) .
Yes : Bruce Johnson , Bruce Sparrow, Joyce Smock , Michael Wailes , Nick Berryman , Terry Cross .
No : Jordan Jemiola .
Absent : Jason Maxey .
The Chair asked the public if there were other items of business that they would like to discuss . No one
wished to speak .
The Chair asked the Planning Commission members if there was any new business to discuss . No one
wished to speak .
Meeting adjourned at 8 : 55 pm .
Respectfully submitted ,
Kristine Ranslem
Secretary
16
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, March 3 , 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street , Greeley , Colorado . This meeting was called to order by Chair,
Jason Maxey, at 1 : 30 pm .
Roll Call .
Present : Benjamin Hansford , Bruce Johnson , Bruce Sparrow , Jason Maxey , Jordan Jemiola , Joyce
Smock , Michael Wailes , Nick Berryman , Terry Cross .
Also Present: Kim Ogle , Steve Elkins , and Tom Parko , Department of Planning Services ; Jennifer Petrik ,
Department of Planning Services — Engineering Division ; Lauren Light and Heather Barbare , Department
of Health ; Brad Yatabe , County Attorney , and Kris Ranslem , Secretary .
Motion : Approve the February 17 , 2015 Weld County Planning Commission minutes , Moved by Joyce
Smock , Seconded by Bruce Sparrow . Motion passed unanimously .
CASE NUMBER : ORDINANCE 2015- 1
PRESENTED BY: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS ,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER
23 ZONING , OF THE WELD COUNTY CODE .
Tom Parko , Planning Services , requested a continuance to the May 5 , 2015 Planning Commission
hearing . He added that Weld County is hosting a follow-up stakeholder meeting on March 12 , 2015 .
The Chair asked if there was anyone in the audience who wished to speak for or against the continuance
of this application . No one wished to speak .
Motion : Continue Ordinance 2015- 1 to the May 5 , 2015 Planning Commission hearing , Moved by
Jordan Jemiola , Seconded by Benjamin Hansford .
Vote : Motion carried by unanimous roll call vote (summary : Yes = 9 ) .
Yes : Benjamin Hansford , Bruce Johnson , Bruce Sparrow, Jason Maxey , Jordan Jemiola , Joyce Smock ,
Michael Wailes , Nick Berryman , Terry Cross .
Meeting adjourned at 5 : 55 pm .
Respectfully submitted ,
Digitally signed by Kristine Ranslem
1 $ a,rvitn,t Date: 2015 .03 .06 10: 53 :41 -0700'
Kristine Ranslem
Secretary
1
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday , February 3 , 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street, Greeley , Colorado . This meeting was called to order by Chair,
Jason Maxey , at 1 : 30 pm .
Roll Call .
Present: Benjamin Hansford , Bruce Johnson , Bruce Sparrow , Jason Maxey , Jordan Jemiola , Joyce
Smock , Michael Wailes , Nick Berryman , Terry Cross .
Also Present: Diana Aungst and Tom Parko , Department of Planning Services ; Jennifer Petrik ,
Department of Public Works ; Heather Barbare , Department of Health ; Brad Yatabe , County Attorney , and
Kris Ranslem , Secretary .
Motion : Approve the January 20 , 2015 Weld County Planning Commission minutes , Moved by Bruce
Sparrow, Seconded by Joyce Smock . Motion passed unanimously .
CASE NUMBER : ORDINANCE 2015- 1
PRESENTED BY : TOM PARKO
REQUEST : IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS ,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER
23 ZONING , OF THE WELD COUNTY CODE .
Tom Parko , Planning Services , stated that a stakeholder meeting with the oil industry was held on
January 29 , 2015 . He requested that this case be continued to the March 3 , 2. 015 Planning Commission
hearing to allow for additional meetings with the stakeholder group .
Commissioner Maxey asked if there will be something presented on March 3rd or if it should be continued
indefinitely . Mr. Parko said that he feels that he will have direction from the meetings to present material
at the March 3rd hearing .
Motion : Continue Ordinance 2015- 1 to the March 3 , 2015 Planning Commission hearing , Moved by
Jordan Jemiola , Seconded by Benjamin Hansford . Motion carried unanimously .
CASE NUMBER : USR14-0076
APPLICANT : JOHN & BRANDILYNN GREIG
PLANNER : DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE PERMITTED AS A USE BY RIGHT , AN ACCESSORY
USE , OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (OFFICE FOR A SPEECH THERAPY
CENTER) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP
OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION : LOT 2 SUB EXEMPT SE-842 ; BEING PART SW4NW4 SECTION 6 , T3N , R67W
OF THE 6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : EAST OF AND ADJACENT TO CR 13 ; APPROXIMATELY ONE-THIRD OF A
MILE SOUTH OF CR 38 .
Diana Aungst, Planning Services , presented Case USR14-0076 , reading the recommendation and
comments into the record . The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards .
Commissioner Maxey inquired about the second access for the new facility . Ms . Aungst stated that
Public Works reviewed the request for a second access and brought it before the Board of County
Commissioners for review because it is located along County Road 13 . The Board of County
Commissioners granted approval for the second access .
Jennifer Petrik , Engineering , reported on the existing traffic , access and drainage conditions and the
requirements on site .
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday , January 6 , 2015
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street, Greeley , Colorado . This meeting was called to order by Chair,
Jason Maxey , at 1 : 30 pm .
Roll Call .
Present: Benjamin Hansford , Bruce Johnson , Bruce Sparrow, Jason Maxey , Jordan Jemiola , Joyce
S mock , Michael Wailes , Nick Berryman , Terry Cross .
Also Present: Diana Aungst and Tom Parko , Department of Planning Services ; Wayne Howard and
Jennifer Petrik , Department of Public Works ; Lauren Light, Department of Health ; Brad Yatabe , County
Attorney , and Kris Ranslem , Secretary .
Motion : Approve the December 16 , 2014 Weld County Planning Commission minutes , Moved by Joyce
S mock , Seconded by Bruce Johnson . Motion passed unanimously .
CASE NUMBER : ORDINANCE 2015- 1
PRESENTED BY : TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS ,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER
23 ZONING , OF THE WELD COUNTY CODE .
Tom Parko , Planning Services , requested that this item be continued to the February 3 , 2015 Planning
Commission hearing . Mr. Parko added that following a work session with the Board of County
Commissioners , they would like to have a stakeholder meeting with some industry representatives .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
N o one wished to speak .
Motion : Continue Ordinance 2015- 1 to the February 3 , 2015 Planning Commission hearing , Moved by
Jordan Jemiola , Seconded by Benjamin Hansford .
Vote : Motion carried by unanimous roll call vote (summary : Yes = 9 ) .
Yes : Benjamin Hansford , Bruce Johnson , Bruce Sparrow, Jason Maxey , Jordan Jemiola , Joyce Smock ,
Michael Wailes , Nick Berryman , Terry Cross .
Commissioner Berryman commented that this is a great step and looks forward to seeing what comes out
of this meeting .
CASE NUMBER : USR14-0064
APPLICANT: CENTENNIAL TOOLS & SERVICE , LLC , C/O JOSE & AURELIO GONZALEZ
PLANNER : DIANA AUNGST
REQUEST : A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
P ERMIT FOR ANY USE PERMITTED AS A USE BY RIGHT , AN ACCESSORY
U SE , OR A USE BY SPECIAL REVIEW IN THE COMMERCIAL OR
INDUSTRIAL ZONE DISTRICTS (A SHOP , EMPLOYEE AND COMMERCIAL
TRUCK PARKING) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PARTS OF A
MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION : LOT B REC EXEMPT RE-4314 ; PART N2SE4 SECTION 10 , T4N , R64W OF
THE 6TH P . M . , WELD COUNTY , COLORADO .
LOCATION : WEST OF AND ADJACENT TO CR 57 AND APPROXIMATELY 0 . 4 MILES
N ORTH OF CR 46 .
Diana Aungst, Planning Services , presented Case USR14-0064 , reading the recommendation and
comments into the record . Ms . Aungst noted that two (2 ) letters from surrounding property owners were
received in opposition of the proposed use . The letters outlined concerns regarding traffic , noise and
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